Medical record review for Love denied

By
Matt Zapotosky

A Charlottesville General District Court judge ruled Wednesday that defense attorneys cannot review years of medical records for the University of Virginia lacrosse player slain in May, saying there was nothing unusual or relevant to the case in the documents.

In a hearing that lasted about five minutes, Judge Robert H. Downer Jr said that defense attorneys for George Huguely V, accused of slaying his on again, off again girlfriend Yeardley Love, could look at Love's Adderall prescription -- which was already public knowledge -- but nothing else in her medical records. He said those records showed Love hadn't taken any prescription drugs she was not prescribed, had no unusual problems with dieting and were generally not relevant to the case.

Defense attorneys had sought the records in an attempt to show Love died from a cardiac arrhythmia causing insufficient blood flow to the head, rather than blunt force trauma inflicted by Huguely. Their own expert testified in an earlier hearing that his working hypothesis was Love's vascular system suffered from a lack of oxygen, which caused ongoing damage and contributed to her death.

A state medical examiner had ruled blunt force trauma to the head killed Love.

Commenting on the records he had reviewed, Downer said there was nothing "remotely embarrassing or unusual for a woman who is a student athlete."

A more detailed investigation must be done in this case. Though she is said to be died of arrhythmia that interrupted cerebral blood flow, What might be the reason for the bruises she has in her head?
Why should she go for an arrhythmic attack when she has not taken any drug that has not been prescribed for her?

If there was nothing in the medical records, then why couldn't the defense get them? As a defendant in a criminal trial, you are entitled to discovery of all the evidence against you. The medical autopsy shows how she died and he's charged with doing this. This is a bum ruling. If there's nothing there, the prosecution should have no objection to the defense getting them. What are they trying to hide?

Carrie6: From what I read about this hearing, the records are held by the medical examiner, who reviewed them. I would think that makes them quasi-government records since they were used in the autopsy process. The only thing we know about them is the judge said they contained nothing unusual. If that is the case, then there's no harm in allowing the defense lawyers to see them. From the above article, it appears the judge is allowing the lawyers to see the records of the Adderall prescription, but not the rest. I think this is very peculiar, but perhaps the defense lawyers are already setting up the case for appeal.

Of course they have the death penalty in virginia and extensively used. Viginia, next to Texas, is the second state that has put to death more inmates than any other state. Florida ranks third.

But in this case, George Hughely V won't be charged with capital murder because he does not fit the typical profile of the type of person that is regularly put to death. He is white, rich, educated and well-connected. Case closed.

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